Maurice Oduor Nyakone v Diamond Property Merchants Ltd; Co-operative Bank of Kenya Ltd & another (Garnishee) [2021] KEELC 1527 (KLR)
- Court
- Environment & Land Court
- Case number
- 1527
- Citation
- [2021] KEELC 1527 (KLR)
- Decided
- 14 October 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeGarnishee ProceedingsPostureApplication for Garnishee Order AbsoluteCoramCHRISTINE OCHIENG
Holding
A Garnishee Order Absolute is issued restricted to Kshs. 205,255/= against the 1st Garnishee, and the 2nd Garnishee is discharged from these proceedings.
Facts
The Applicant, Maurice Oduor Nyakone, seeks a Garnishee Order Absolute against two Garnishees, Cooperative Bank of Kenya Ltd and Equity Bank of Kenya Ltd, to attach funds held in their accounts to satisfy a decree of Kshs. 1,766,456.
Issues
- Whether a Garnishee Order Absolute should issue in this instance
- Who should bear the costs of the garnishee proceedings
Reasoning
The court found that the 1st Garnishee had funds in its account on behalf of the judgment debtor, and thus issued a Garnishee Order Absolute restricted to that amount. The 2nd Garnishee had insufficient funds and was discharged.
Outcome
The application is allowed, with the 2nd Garnishee being discharged and the 1st Garnishee's funds attached.
Orders
- A Garnishee Order Absolute restricted to Kshs. 205,255/= against Cooperative Bank of Kenya Ltd
- The 2nd Garnishee, Equity Bank of Kenya Ltd, is discharged from these proceedings
Remedies
- The funds in Cooperative Bank of Kenya Ltd's account are attached to satisfy the decree
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
Cases cited (1)
- Board of Trustees, National Water Conservation & Pipeline Corporation (NWCPAC) Staff Superannuation Scheme V Mombasa Water Supply & Sanitation Co. Ltd (2017) eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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